Barbara D. Linney

Partner

Washington, D.C.
T +1.202.861.1611
F +1.202.861.1783

"Barbara Linney is a real subject matter expert, in more than one jurisdiction, and has an admirable ability to communicate highly complex and technical legal analysis in straightforward terms — pragmatically, commercially and engagingly."

— The Legal 500 2022

Overview

Barbara Linney leverages nearly 30 years of experience advising U.S and foreign clients on international trade and business issues in her multinational practice that spans numerous industries, including the defense, aerospace, oil and gas, maritime, technology and medical device industries. She is well-versed in providing practical, business-oriented advice on complex issues involving a wide range of regulatory requirements – from U.S. and international export and import controls and defense security requirements, regulatory requirements related to mergers, acquisitions and divestitures, foreign investment reviews and anti-corruption legislation.

Barbara’s practice has placed her before various federal agencies, including the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the Bureau of Industry and Security of the Department of Commerce (BIS), the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Committee on Foreign Investment in the United States (CFIUS) and the U.S. Department of Defense's Defense Counterintelligence and Security Agency (DCSA). Licensed to practice law in three countries (the United States, Canada and the United Kingdom), Barbara is well-qualified to handle cross-border regulatory matters involving these countries.

Barbara's in-depth knowledge of international trade and business matters makes her a frequent speaker at conferences, both at home and abroad, as well as the author of numerous articles on these subjects. She is also an adjunct professor of export controls and economic sanctions at Georgetown University Law Center. Barbara was named Practitioner of the Year for 2021 by WorldECR for her work with export controls and economic sanctions.

Select Experience

  • Advised both U.S. and non-U.S. clients in numerous industries on the impact of the evolving multilateral export control and sanctions response to the invasion of Ukraine.
  • Represented private equity firms in connection with due diligence and notice and regulatory approval requirements (including under the ITAR and BATFE regulations) in domestic and international corporate transactions, including mergers, acquisitions, financings, joint ventures and distribution agreements.
  • Represented buyers and sellers under review by CFIUS regarding proposed acquisitions and related security issues, including measures designed to mitigate foreign ownership, control or influence (FOCI), and related negotiation and implementation of special security agreements and proxy agreements with DCSA.
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Experience

  • Advised both U.S. and non-U.S. clients in numerous industries on the impact of the evolving multilateral export control and sanctions response to the invasion of Ukraine.
  • Represented private equity firms in connection with due diligence and notice and regulatory approval requirements (including under the ITAR and BATFE regulations) in domestic and international corporate transactions, including mergers, acquisitions, financings, joint ventures and distribution agreements.
  • Represented buyers and sellers under review by CFIUS regarding proposed acquisitions and related security issues, including measures designed to mitigate foreign ownership, control or influence (FOCI), and related negotiation and implementation of special security agreements and proxy agreements with DCSA.
  • Counseled clients on legislative and regulatory changes to the CFIUS process, including pursuant to the Foreign Investment Risk Review Modernization Act (FIRRMA) and the impact of FIRRMA and the Export Control Reform Act of 2018 on transactions involving emerging and foundational technologies, and Canadian and U.K. investment controls.
  • Advised clients on compliance with U.S. export and import control laws and regulations, including the Arms Export Control Act (AECA), the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the controls on importation and sale of arms and ammunition administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Canadian and U.K. export control laws and regulations.
  • Advised U.S. and foreign clients on compliance with U.S. primary sanctions administered by OFAC (including with respect to Cuba, Iran, North Korea, Syria and certain regions of Ukraine) and secondary statutory sanctions under various executive orders and legislation such as the Iran Sanctions Act (as amended) and the Countering America’s Adversaries Through Sanctions Act (CAATSA).
  • Assisted foreign and domestic clients in obtaining commodity, software and technology jurisdiction and classification determinations, licenses and other regulatory approvals, as well as the design and implementation of trade and security compliance programs covering compliance with export controls, sanctions, and facility and personnel clearance requirements under the National Industrial Security Program Operating Manual (NISPOM), now the NISPOM Rule (32 C.F.R. part 117).
  • Conducted internal investigation of possible violations of international trade and business laws for numerous clients and assisted in the preparation of voluntary and directed disclosures to various government agencies, including DDTC, BIS and OFAC, defended clients facing enforcement actions and investigations, and counseled clients on compliance with consent and settlement agreements.
  • Counseled numerous clients on compliance with anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA), the U.K. Anti-Bribery Act and Canada’s Corruption of Foreign Public Officials Act.

Recognitions and Memberships

Recognitions

  • WorldECR Awards 2021: Practitioner of the Year
  • The Legal 500 United States (2013, 2020 to 2022)
    • Recommended in Dispute Resolution - International Trade (2020 to 2022)
    • Recommended in Litigation -- International Trade and White-Collar Criminal Defense (2013)
  • Women in Federal Law Enforcement, Inc.: Executive Committee Award (2007)
  • Association of Women in International Trade, Inc.: Lifetime Achievement Award (2006)

Memberships

  • Middle East and Africa Compliance Association (MEACA): Member, Advisory Board
  • ABA Section of International Law
    • National Security Committee:
      • Co-Chair
      • Former Vice Chair, Membership
    • Women's Interest Network (WIN): Former Vice Chair, Projects
  • District of Columbia Bar Association
  • Women in Federal Law Enforcement (WIFLE)
  • Association of Women in International Trade, Inc. (WIIT)
    • Past President
  • Society of International Affairs
    • Co-author, Mergers, Acquisitions & Divestitures Handbook
    • Co-author, Compliance Toolkit

News

News

Press Releases

Publications

Alerts

Articles

Community

  • Paralyzed Veterans Golf Open (PVGO): Steering Committee

Pro Bono

  • Women in Federal Law Enforcement, Inc. (WIFLE)
    • Pro Bono General Counsel
  • WIFLE Foundation, Inc.
    • Pro Bono General Counsel
  • Association of Women in International Trade, Inc. (WIIT)
    • Pro Bono General Counsel
  • WIIT Charitable Trust
    • Pro Bono General Counsel

Featured Video

What the New CFIUS Rules Mean for Real Estate Deals
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Hear an explanation of the rules and how to determine if your transaction is subject to CFIUS jurisdiction.

Prior Positions

  • Georgetown University Law Center: Adjunct Professor, Export Controls and Economic Sanctions (2014 to present)

Admissions

  • U.S. Court of International Trade
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Supreme Court
  • District of Columbia
  • New York
  • Law Society of Alberta
  • Law Society of England and Wales

Education

  • LL.M., International and Comparative Law, Georgetown University Law Center, 1991
  • LL.B., University of Saskatchewan College of Law, 1981, with distinction
  • B. Com., University of Manitoba, 1978, with honours